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November 15, 2009

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Mold invasion: Church faces renovation; former pastor files suit

Friday, March 9, 2001 | noon

The signs were there: Brown stains on the ceiling tiles, a musty smell and a nagging illness that wouldn't go away.

The Rev. Ames Broen spent five years working inside First Presbyterian Church, getting sicker and sicker, before he determined that mold inside the church walls might be responsible for his illness.

So he sued First Presbyterian, leaving the 47-year-old Las Vegas community pillar to deal with mold infestation and a civil suit that could cost the church untold thousands of dollars.

But this story may be noted most for the damage done not to health and walls, but to the bond between pastor and congregation.

Broen began working for the church on Charleston Boulevard near Interstate 15 in 1995 on a year-to-year contract basis.

According to the Clark County District Court lawsuit filed in February by his attorney Connie Elliano, Broen took over duties of the Rev. Paul Messiano, who allegedly "died as a result of his exposure to Aspergillus (fungus)" in the church.

The lawsuit says Broen continually complained to church maintenance about brown-stained ceiling tiles and leaks, and that over the course of his five years with the church, he progressively became more ill with respiratory and cognitive problems.

By June 2000, Broen had become so ill that he was no longer able to perform his duties as pastor. He was hospitalized in July, and a physician determined that his illness was caused by environmental pollutants.

"Because of his illness, we looked for the mold," church spokeswoman Jane Holman said. "And we found it."

But in August, First Presbyterian Church leaders decided not to renew Broen's annual contract so that they "could look for a permanent pastor," Holman said.

Church policy says that a "stated-supply" pastor such as Broen cannot become a permanent pastor without first becoming disengaged with the church for six months, Holman said. Instead, the church hired an "interim" pastor while they continue to look for a permanent pastor.

One of Broen's legal claims is for bad-faith discharge.

In September, Dr. James Cramer, an occupational and environmental specialist determined that Broen's illnesses were due to the fungal bioaerosol exposure, his lawsuit says. Holman said the mold isn't a definite health threat, and that many other employees have worked in the building without illness. But the church will have it abated "to be on the safe side."

The mold is present in the education wing of the church, where office employees and more than 200 students are housed daily.

"We're going to get rid of the mold," Holman said. "We've notified students' parents and members of the church, and we're not taking any chances. But we view his lawsuit as opportunistic."

The issue has brought mixed emotions to church members.

"I'll be honest. The lawsuit has created some uncertainties and disappointment (among the congregation). A lot (of people) are surprised that he turned around and sued, and some are disappointed that he was not asked to stay," Holman said.

Holman said First Presbyterian has 1,500 members, and that under Broen's leadership, membership was stagnant -- but his lawsuit said it "grew and thrived."

At a Tuesday morning Bible study, four longtime members of the church discussed the church's latest challenges.

"The church found out about the mold because our pastor became ill," member Jean McClain said. "But there was no formal announcement about the lawsuit. Some people haven't heard about it."

"We're very sorry about the lawsuit. We all liked him. We think that we treated the pastor very well while he was here," member Marilyn Swenson said.

"I've been here since the 1960s, and the mold hasn't affected me," Swenson said.

Broen now lives in Minnesota but does not have a paying job, his attorney said.

"It is unprecedented for a pastor to sue his church. But we'll just deal with it," McClain said. "Sometimes God gives us challenges, and we just need to deal with them."

This month, the church's two schools -- 78 pre-schoolers and 188 academy, or K-8, kids -- will be relocated so that the mold can be removed.

The pre-school will be temporarily located in facilities at Trinity Church on East Sahara Avenue, and the academy will be located in facilities at Challenger School on North Gowan Drive.

"They will finish off the school year there," Jimmy Whiddon, director of First Presbyterian's academy, said. "It's not easy. But most of the parents have been very understanding, and we know we'll get through this as a church community."

Holman said the church will likely kick off a capital drive this spring to help pay for the mold remediation.

"But we're not letting this get us down. This is a positive place."

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